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State v. Hall11/26/2004
This appeal is submitted to this court on the record and the briefs of the parties. Appellant, Gerald L. Hall, appeals the judgment entered by the Geauga County Court of Common Pleas. Hall was convicted of one count of driving under the influence of alcohol or drugs.
{ } In November 2002, an employee of the Sunoco gas station on Mayfield Road in Chesterland noticed a vehicle parked outside of the store. After the vehicle had not moved for about forty minutes, the employee investigated the situation and noticed an individual sleeping in the vehicle. The employee contacted the police.
{ } Sergeant Deborah Davis of the Chester Township Police Department responded to the call. She testified that the vehicle's windows were down, the sun-roof was open, and the engine was running. She attempted, unsuccessfully, to verbally wake the occupant. Thereafter, she shook the occupant of the vehicle. In court, she identified the occupant as Hall.
{ } Sergeant Davis observed a six-pack of Red Dog beer on the floor of the automobile. Two of the bottles were empty. In addition, there was a can of Budweiser beer in the center console. The can of beer was three-quarters full. Sergeant Davis requested back-up, and, subsequently, Officer James Johnson responded to the scene.
{ } Hall was disoriented. When asked if he knew where he was, he told Sergeant Davis that he was home, in Painesville. Next, he pointed to a nearby business and informed Sergeant Davis that was his home. Hall provided a valid driver's license and proof of insurance. Sergeant Davis noticed a strong odor of alcohol on Hall's breath and that his eyes were bloodshot. She asked him to get out of the car. Hall needed to use the car door for support as he exited the vehicle.
{ } Sergeant Davis had Hall perform the walk-and-turn and the one-leg-stand field sobriety tests. Hall was falling during both of the tests. Sergeant Davis terminated both tests early in the interest of Hall's safety. Officer Johnson recorded Hall's performance on these tests.
{ } Sergeant Davis did not administer a horizontal gaze nystagmus test to Hall, because he had become agitated. The test requires the officer and suspect to be within fifteen inches of one another. Due to safety concerns, she chose to omit this test.
{ } Hall was arrested for driving under the influence of alcohol or drugs. Officer Johnson conducted a brief search of Hall's person incident to the arrest. At this time, a pipe, possibly used for marijuana, was found in Hall's pocket. After Hall was taken into custody, he declined a breath alcohol content ("B.A.C.") test.
{ } Hall was charged with driving under the influence of alcohol or drugs. This was a third-degree felony due to Hall's prior convictions for DUI. Hall was also charged with possession of drug paraphernalia. He pled not guilty to these charges.
{ } Hall filed a motion to suppress the evidence of the field sobriety tests. A hearing was held on the issue. Thereafter, the trial court denied Hall's motion to suppress, ruling, in part, that the field sobriety tests were administered in strict compliance with the National Highway Traffic Safety Administration ("NHTSA") standards.
{ } Following the trial court's ruling, Hall filed a second motion to suppress. Hall attached a copy of the transcript from the suppression hearing, as an exhibit, to this motion. In the motion, Hall scrupulously compared Sergeant Davis' testimony to the exact language of in the NHTSA manual. The trial court denied Hall's second motion to suppress.
{ } A jury trial was held. The jury found Hall guilty of the DUI charge. However, the jury found Hall not guilty of the possession of dr
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